1 CGHC010328682026 2026:CGHC:38034-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 505 of 2026 1 - Rahul @ Budharu S/o Ghasiyaram Puraye, Aged About 31 Years, R/o Village Kade, P.S. Manpur, Distt. Mohla Manpur Ambagarh Chowki Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh through Secretary, Department of Home and Police Affairs, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh 2 - Secretary, Law and Legislative Affairs Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh 3 - Under Secretary, Jail Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh 4 - Director General Prisons, The Jail and Correctional Services Chhattisgarh, Police Head Quarter Sector-19, Atal Nagar, Naya Raipur Chhattisgarh 5 - Jail Superintendent, Central Jail Durg Chhattisgarh 6 - District Magistrate Distt. Mohla-Manpur-Ambagarh Chowki Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Wasim Miyan, Advocate. For State/Respondents : Mr. Saumya Rai, Deputy Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Digitally signed by MOHAMMED AADIL KHAN Date: 2026.08.31 11:16:35 +0530 2 Per Ramesh Sinha, Chief Justice 25.08.2026 Heard Mr. Wasim Miyan, learned counsel for the petitioner and Mr. Saumya Rai, learned Deputy Govt. Advocate for the State. 1. The present writ petition has been filed by the petitioner seeking the following relief(s):- “10. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner. 10. That, this Hon'ble Court may kindly be pleased to allow this petition and authorities may kindly direct to consider the application of the Petitioner, under Section 473 of B.N.S.S. for grant of remission of the remaining jail sentence and pleased to direct respondent authorities to release the petitioner under the provision of Section 473 of B.N.S.S. or as per other existing provision of law as early as possible. 10. That, Any other relief which may deem fit and proper in the facts and circumstances of the case, may also be granted in the interest of justice.” 2. By way of this petition, the petitioner is challenging the arbitrariness on the part of the respondents/State in causing delay in deciding the case/prayer of the petitioner for remission of rest part of sentence under section 432 of the Code of Criminal Procedure 1973 (in short ‘Cr.P.C.)/ 473 of Bharatiya Nagrik Suraksha Sanhita 2023 (in short ‘BNSS’). 3 3. Learned counsel for the petitioner submits that the petitioner has undergone actual jail sentence for the period about 14 years and 20 days as on the date of application i.e., 31.07.2025 and therefore, the petitioner is entitled to remission under section 432 of Cr.P.C.(under Section 473 of BNSS). The application preferred by the petitioner for remission of the rest part of sentence is pending since last one year and a period of more than 1 year has already lapsed but it is the extreme arbitrariness on the part of the respondent authorities who are causing delay in deciding the case/prayer of the petitioner for remission of rest part of sentence under section 432 of Cr.P.C. / Section 473 of BNSS. 4. Learned Deputy Government Advocate appearing for the State/respondents also endorses the fact that the petitioner’s case for remission is still pending for consideration. 5. In view of the above submissions, the respondent authority concerned is directed to decide the case of the petitioner for remission as early as possible, preferably within a period of two months from the date of production of a copy of this order, in accordance with law on its own merits. 6. With the aforesaid observation/direction, the writ petition stands disposed of. Sd/- Sd/- Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil